Beginning on September first, the FTC has changed a few rules in the operation of Auto Dialers and Predictive Dialers. Most of these changes concern using prerecorded messages, including how they can be used and who can use them.
Prerecorded Messages: Prerecorded messages for the purpose of marketing and sales are no longer permitted. This includes calls answered by consumers and their answering machines. Such a message is allowed, however, if the consumer has signed a specific written consent. Companies may no longer rely on previously established business relation with a consumer in order to justify a prerecorded message. This exception is still permitted under the FCC’s rules, but no longer under the FTC’s.
Written Consent: The signed, written consent allowing consumers to receive prerecorded messages must be specific and separate. An End User License Agreement will no longer suffice as permission. Such a document must be specific in its purpose. The required signature may, however, be obtained in any manner allowed by the Electronic Signatures In Global and National Commerce Act (E-SIGN Act).
Exemptions: Several types of organizations and a few functions are allowed to continue the usage of prerecorded messages. Charitable organizations, some healthcare related activities, and political calls are exempted from the ban on prerecorded calls. Also allowed are informational messages which do not attempt to sell, such as an airline’s flight information.
For more information, read the FTC’s Complying with the Telemarketing Sales Rule.
